PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Nir Toledano 

RESPONDING PARTY: Medinas Boat Service LLC and Luis Medina 

BACKGROUND 

This case arises from a breach of contract.  Plaintiff Nir Toledano entered into an oral contract with Defendants Medinas Boat Service LLC and Luis Medina to refurbish and reinstall engines for his boat in exchange for $70,000.  Pursuant to the terms of the contract, Defendants were obligated to complete the repairs within 60 days.  Defendants did not complete the repairs within 60 days.   

As a consequence of Defendants’ failure to perform, Plaintiff incurred lodging and flight expenses of $3,640 and storage costs of $1,100 per month.  Plaintiff demanded Defendants return his engines and refund his $70,000.  To date, Defendants have done neither.   

On September 18, 2023, Plaintiff filed the instant action, alleging three claims for breach of contract, conversion and violations of the Consumer Legal Remedies Act (“CLRA”).  The Complaint seeks $90,530 in damages, “daily interests”, attorneys’ fees, and costs of suit.   

Plaintiff filed a proof of service showing Defendants were personally served on September 21, 2023.  Defendants were obligated to respond.  They did not do so.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on November 2, 2023.  Plaintiff requested a default judgment on July 5, 2024.  Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendants have not appeared. 

RELIEF REQUESTED 

Default judgment against Defendants for a total of $102,302.22, which is comprised of: (1) $90,530, for damages, (2) $11,086.81 in interest and (3) $685.41, for costs.  

ANALYSIS 

Code Civ. Proc. § 585 sets forth the two options for obtaining a default judgment. First, where the plaintiff’s complaint¿seeks compensatory damages only, in a sum certain which is readily ascertainable from the allegations of the complaint or statement of damages, the clerk may enter the default judgment for that amount. However, if the relief requested in the complaint is more complicated, consisting of either nonmonetary relief, or monetary relief in amounts which require either an accounting, additional evidence, or the exercise of judgment to ascertain, the plaintiff must request entry of judgment by the court. In such cases, the plaintiff must affirmatively establish his entitlement to the specific judgment requested.¿ (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287.)  Section 585 also allows for interest, costs and attorney fees, where otherwise allowed by law. (Code Civ. Proc. § 585(a).) 

Multiple specific documents are required, such as: (1) form CIV 100, (2) a brief summary of the case; (3) declarations or other admissible evidence in support of the judgment requested; (4) interest computations as necessary; (5) a memorandum of costs and disbursements; (6) a proposed form of judgment; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under Code Civ. Proc. § 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (CRC Rule 3.1800.)  

Here, Plaintiff has properly complied with all the substantive and procedural requirements for a default judgment.  Substantively, Plaintiff declares via declaration that there have been damages in the amount of $90,530 and prejudgment interest of $11,086.81, calculated based on a rate of 10% per annum starting on April 13, 2023 and ending on July 3, 2024.  A memorandum of costs in the amount of $685.41 is set forth in Item 7 of the CIV-100 form.  Procedurally, Plaintiff properly served Defendants more than 30 days prior to requesting entry of default and default judgment, correctly completed JC Form CIV-100 in a manner that would not void or put at issue the entry of default, provided a declaration of non-military status, requested dismissal of the fictitious defendants, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, and filed a proposed judgment (JUD-100).   As default has already been entered and there has been no appearance or filing whatsoever from Defendants, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Nir Toledano’s Request for Default Judgment is GRANTED as to Defendants Medinas Boat Service LLC and Luis Medina.  Default judgment in the amount of $102,302.22 is awarded in favor of Plaintiff.